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Ohio Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: Can you appeal a case that has been continued multiple times and the defendant is not guilty
Matthew Williams
Matthew Williams
answered on May 25, 2022

It sounds like the case is still in the pre trial phase so an appeal would be untimely. The basic timeline is arraignment, pre-trials (discovery and negotiations), either plea or trial, sentencing, and then appeal.

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 25, 2022

The Ohio Rules of Civil Procedure Rule 60 provides grounds for filing motions to request a new trial after a Divorce Decree has already been granted. Failure to disclose certain assets is grounds to claim fraud and possible perjury. However, the Court may not grant the motion if there is a finding... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Issue with neighbor house

I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... Read more »

Joseph Jaap
Joseph Jaap
answered on May 24, 2022

Tell them you will talk to the local building dept. which might issue a building code violation. Or you could sue them for any damages caused by the excessive water.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: 45 yrs living & paying property tax in brothers house. Do I have a claim now that he died with deed in his name?

I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »

Andrew Popp
Andrew Popp
answered on May 23, 2022

There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.

Best of luck.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Moshe Toron Esq
Moshe Toron Esq
answered on May 21, 2022

It needs to go through the probate court in Ohio.

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1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... Read more »

2 Answers | Asked in Family Law for Ohio on
Q: I live in Oregon and my children live in Ohio with their father. I have the kids during the summer and holidays. Today

A detective called me and said my ex husband is under investigation. I need to file for emergency custody, but I'm not sure how to.

Joseph Jaap
Joseph Jaap
answered on May 18, 2022

What you do depends on if you are currently married to the father, never married to him, or divorced with a court-ordered parenting plan currently in effect. Use the Find a Lawyer tab to contact a family law attorney in the county where the children reside review the situation and advise you of... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Grandparent visitation. I’m the mother the paternal grandmother is requesting a schedule that is unrealistic.
Joseph Jaap
Joseph Jaap
answered on May 18, 2022

If you can't resolve it with her to find a mutually agreeable schedule, then attend the hearing and present your plan to the judge. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: What rights as a tenant do I have after moving out of almost 5 years? Like how much is my responsibility?

I’m charged over 13,000$

Deposit, rent credits so it’s 10,900

But I feel charged are extremely excessively high

Like paint 600$ Carpet? New doors, trim?

So where would I stand?

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

A tenant is only responsible for any damages beyond normal wear and tear. A landlord must give tenant an itemized list of damage within 30 days after tenant vacates. If tenant refuses to pay, then landlord can sue, but landlord must prove that the damage exceeds normal wear and tear. Routine... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Is my HOA contract still valid and do I need to continue to pay annually?

My HOA declarations list the incorrect county and the "city guidelines" around design elements are based on the WRONG city. The board voted to amend but because of verbiage in the contract, we need a vote from 75% of the lots. That failed, and now no changes can be made. Because of these... Read more »

Joseph Jaap
Joseph Jaap
answered on May 16, 2022

If the HOA declaration was properly recorded in your county recorder's office, then until somebody sues the HOA in court, and a court rules the HOA declaration invalid, the HOA can enforce it. A court would probably consider the wrong city/county as a mere drafting error that is not... Read more »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my landlord have me escorted off the property, if I'm not on the lease?

I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »

Matthew Williams
Matthew Williams
answered on May 15, 2022

He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Why am I being told I can't adopt my boyfriend dog back after the humane office took it

Sent to court and had hearing and a 600 bind was set for the care of him and again my boyfriend is the owner of this dog but he is my ESA dog

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

You are being told that you cannot adopt the dog because your boyfriend still owns the dog unless he fails to pay that $600 cost of care

bond the court just set. If he fails maintain ownership during the case by missing any payments, typically he forfeits his ownership which then goes to...
Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: delinquent at age 15 for domestic violence on my brother. At age 31 will this prevent me from getting a CCW in Ohio?

Found delinquent at 15 in Ohio for domestic violence due to an altercation with my brother. Will this prevent me from being able to apply for a Concealed Carry (CCW) license? Is this something that is ever expunged, being a juvenile record and occurring 16 years ago?

Matthew Williams
Matthew Williams
answered on May 14, 2022

You should make sure this case gets expunged. Once that’s done, you shouldn’t have any trouble.

1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... Read more »

Joseph Jaap
Joseph Jaap
answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... Read more »

1 Answer | Asked in Personal Injury for Ohio on
Q: Has a case involving the herbacide 2,4D been decided in Ohio?
Tim Akpinar
Tim Akpinar
answered on May 13, 2022

I'm sorry your question remains open for two weeks. You could try reposting under Ohio. You could add Environmental Law as a category as well, since herbicides can involve environmental law. But this is something most law firms are not likely to casually know without conducting some research,... Read more »

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Court appearance for speeding

Kids in the back seat

Matthew Williams
Matthew Williams
answered on May 12, 2022

You have not asked a question. However, if you were charged with child endangering as a result of this incident, it is far more serious than a speeding ticket and you should hire an attorney.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Traffic stop for window tint

During a traffic stop for window tint at night do police have to run your license and registration before they ask you to step out of the car and before they ask you to search your car

Matthew Williams
Matthew Williams
answered on May 12, 2022

The police do not have to run your registration before asking you to step out or before asking to search though they generally do. You do not have to consent to the search. But you do have to get out and provide your information.

1 Answer | Asked in Child Support for Ohio on
Q: Can the Ohio child support agency garnish wages for admin fees only and Claim its for child support?

I have a received a letter stating garnishment of wages for child support. I do not owe child support but do owe an admin fee. The letter sent to my employer claims the garnishment is for child support. This is from the Hamilton county child support agency. I have called several times and have... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Child Support Enforcement Agency can garnish wages until all funds owed are paid. Most likely any administrative fees were included in the wage withholidng order for garnishment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I know this is asking for a miracle. Are there any pro bono or low cost lawyers in Columbus Ohio for Father's Rights?

I have had both of my children ripped from underneath me. I pay child support for one and they left the state and I have no clue where she is. My son had an incident last year with his mother where children services were called on her and nothing was done and now she has moved out of state. I feel... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Legal Aid Society of Columbus may be able to help. The Legal Aid Society of Columbus (LASC) exists to provide free assistance and guidance to those attempting to navigate our complex legal system. In order to qualify for free services at The Legal Aid Society of Columbus, you must meet income... Read more »

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